The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 13 : Crimes and Criminal Procedure
Chapter 201 : Pleadings and Proof; Trial
Subchapter 002 : Pleadings and Proof
(Cite as: 13 V.S.A. § 6566)-
§ 6566. Defense based on victim identity prohibited
In a prosecution or sentencing for any criminal offense, the following shall not be used as a defense to the defendant’s criminal conduct, to establish a finding that the defendant suffered from diminished capacity, to justify the defendant’s use of force against another, or to otherwise mitigate the severity of the offense:
(1) evidence of the defendant’s discovery of, knowledge about, or the potential disclosure of the crime victim’s actual or perceived sexual orientation or gender identity, including under circumstances in which the victim made a nonforcible, noncriminal romantic or sexual advance toward the defendant; or
(2) evidence of the defendant’s perception or belief, even if inaccurate, of the gender, gender identity, or sexual orientation of a crime victim. (Added 2021, No. 18, § 1, eff. May 5, 2021.)
